Mistake by NHS in Surgery - Eligible fr Discretionary visa?

[blossommum]

Hello All,

i have been going through this forum and it has also helped me a alot in preparing my application.
My question is that my partner (my fiancee) had undergone a surgery and doctors had made a huge mistake in which he went into coma and suffered terrible brain injury (same like michael schumacher).

It is clear case of negligence and the NHS has even accepted that they did mistake.
My fiancee and I are on student visa and we were thinking by concerning our families that can we change our visa status to something else.

We both have to leave studies by still have for next 4 months but cannot study as he have brain injury and he have many psychological problems and I am his care taker.

Is it possible that can he change his visa status to something as on discretionary basis (i exactly have no idea what it is but i know the visa is for 3 years)

It would be really helpful as he is undergoing treatment here and cannot fly back until he gets fully recovered (as per doctors).
we both are from India and i dont want to take any chance as per his health is concerned.

Can I apply along with him on any basis? he doesn't have any family here and old parents in India. So i am the only one who is his family.

Please help.

[Amber]

You stand a very good chance of getting leave based on medical reasons if he's in a coma. Moreover, you should be getting legal advice ask for an emergency compensation payment for the interim period until you go to court. You should be looking at settling in the UK eventually as I doubt you'll get the level of care required in a developing country.

[blossommum]

Thank you so much @amber.

He is out of coma now but he has brain problems (he cannot remember few things, his body has become weak, he cannot sleep properly and many other problem).
Which has spoiled his career and the kind of person he was.


I have consulted a solicitor (claim firm) but still looking for a good and trustworthy immigration lawyer.

Can i apply with him in any category?

[Amber]

It would be FLR(O).

See also, human rights claims on medical grounds (click).

To be granted leave to remain on article 3 grounds are exceptional.

Article 8 may be more appropriate.

[blossommum]

@amber thank you so much i have gone through the guidance and understood things.


God bless you.

[blossommum]

@amber do you have any idea for a good immigration solicitor who advise me and take a case on our behalf ?

[Amber]

See also, Any good law firm recommendation? (click).